AIA Final Rules
Power of Attorney
March 20, 2013
Power of Attorney
Power of Attorney
• Why file a Power of Attorney?
– Allows the firm access to applications before
publication
 Important for status checks at the USPTO
– Helps out attorneys with interviews
– Terminal disclaimers
Power of Attorney
• Original applicant filing the application is
presumed to be the owner (not the inventors),
unless later assigned. 37 CFR 3.73(a)
– ADS names the “Applicant” then they are
presumed to be the owner and the patent will
issue to them
• Statement Under 3.73(b) is now 3.73(c)
Power of Attorney
• Two Ways to Accomplish:
1. General POA (PTO/AIA/80) +
37 CFR 3.73(c) Statement (PTO/AIA/96)
2. Transmittal For Power of Attorney
(PTO/AIA/82)
- Part A- Transmittal Identifying the Application
- Part B- Power of Attorney
Power of Attorney- PTO/AIA/80
• Way #1 File:
– General Power of Attorney (PTO/AIA/80)
 Signed by Applicant- e.g., Company Officer
– 37 CFR 3.73(c) Statement (PTO/AIA/96)
 Signed by either:
- Attorney/Practitioner Identified on AIA/80
- Applicant- e.g., Company Officer
– Assignment
 Record ahead of filing Power of Attorney; OR
 Attach copy of Assignment & Record Same Day
Power of Attorney- PTO/AIA/80
General POA
PTO/AIA/80
3.73(c) Statement
PTO/AIA/96
Power of Attorney Example #1- PTO/AIA/80
Reel/Frame No.
Record
File
Filed
App.
ADS
Assignment
ADS naming
Applicant
New 3.73(c) Statement
PTO/AIA/96
General POA
PTO/AIA/80
Power of Attorney Example #2- PTO/AIA/80
Filed
App.
Can file with App.
File
ADS
Assignment
General POA 3.73(c) Statement
ADS naming
PTO/AIA/96
PTO/AIA/80
Applicant
Power of Attorney- PTO/AIA/82
• Way #2 File:
– Power of Attorney (PTO/AIA/82)
 Part A- Transmittal for Power of Attorney
- Signed by Attorney/Practitioner, OR
- Signed by Applicant (e.g., Company Officer)
 Part B- Power of Attorney by Applicant
- Signed by Applicant (e.g., Company Officer)
– Assignment- Still Need to Record to Establish
Assignee as the Applicant
Power of Attorney- PTO/AIA/82
• Transmittal (Part A)
• Fill in Application
Information
– Can leave Application
Information blank if
filed with application
• Signed by:
– Applicant,
– Patent Attorney, or
– Patent Agent.
Power of Attorney- PTO/AIA/82
• Power of Attorney
(Part B)
• Signed by Applicant
– Company Officer
 President
 Treasurer
 Secretary, etc.
– Inventor
Power of Attorney- PTO/AIA/82
• Power of Attorney
(Part B)
• Apparently, the
USPTO allows you to
“recycle” Part B forms
and use them for
other applications
– Just need to update
Part A for each
application
Power of Attorney- PTO/AIA/82
• When to Use PTO/AIA/82 Form (Way #2)
– Want to establish Power of Attorney with the
filing of the application- assignments might take
a while to get signed.
– Multiple inventors or assignees not wanting to
assign to the same company
• Issues
– Need to have the correct box checked
– Still need to record the assignments
Power of Attorney Example #3- PTO/AIA/82
Signed
Client
(Officer)
Part
Part
BA
USPTO
Power of Attorney Example #4- PTO/AIA/82
Signed
Part B
Betty
Signed
Betty
Part B
Andy
Part
Part
B A
Part B
Andy
USPTO
Power of Attorney Example #5- PTO/AIA/82
Filed
App.
Can file with App.
File
ADS
ADS naming
Applicant
Part A
Part B
Power of Attorney- Continuing Applications
• Allowed to use parent POA if you supply a
copy of the parent POA
– Exception: POA by inventor and CON/DIV
names an inventor not in the parent
– 37 CFR 1.32(d) p. 32
• Lose POA if you add a new inventor without
POA from new inventor
– 37 CFR 1.32(e) p. 32
More Information and Questions…
• Contact: Chuck Schmal
Phone: (317) 713-4954
Email: cschmal@uspatent.com
AIA Final Rules
Power of Attorney
March 20, 2013
©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP